U.S. v. POFF

No. 89-3017.

926 F.2d 588 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Carolyn Kay POFF, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided February 14, 1991.


Attorney(s) appearing for the Case

Andrew B. Baker, Jr., Asst. U.S. Atty., Hammond, Ind., Thomas O. Plouff, Asst. U.S. Atty., Office of the U.S. Atty., South Bend, Ind., for plaintiff-appellee.

David B. Weisman, Weisman & Associates, South Bend, Ind., for defendant-appellant.

Before BAUER, Chief Judge, and CUMMINGS, WOOD, Jr., CUDAHY, POSNER, COFFEY, FLAUM, EASTERBROOK, RIPPLE, MANION, and KANNE, Circuit Judges.


FLAUM, Circuit Judge, with whom BAUER, Chief Judge, and CUMMINGS, WOOD, Jr., RIPPLE, and KANNE, Circuit Judges, join.

Can a "crime of violence" also be a "non-violent offense"? We heard this case en banc to answer this seemingly straightforward question. The career offender provision of the Sentencing Guidelines defines a "crime of violence" as, inter alia, any offense that "has as an element the use, attempted use, or threatened use of physical force against...

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